Also known as:psychotherapist client privilege · psychotherapist-client privileges · therapist-client privilege · psychotherapist-patient privilege
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary privilege that shields confidential communications between a patient and a licensed psychotherapist or social worker from compelled disclosure in litigation. The privilege covers statements made during diagnosis or treatment under assurances of confidentiality. It functions like the attorney-client privilege to encourage candid therapeutic exchanges.
Sources & Authorities
How it applies
Common Examples
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Police Officer Counseling After Shooting
After a fatal shooting, Officer Isabel attended mandatory counseling sessions with licensed social worker Kelvin under the department's critical incident program. The program coordinator assured Isabel that all communications would remain confidential and used only for treatment. When a civil rights plaintiff subpoenaed Kelvin's notes containing Isabel's account of the incident, the court quashed the subpoena because the statements occurred during diagnosis and treatment in a confidential setting.
Hotel Clerk Trauma Sessions
Following an armed robbery at the Noon Host hotel, the employer arranged confidential counseling for front desk clerk Maxwell with licensed social worker Claudia. Maxwell discussed prior security complaints during the sessions while addressing his trauma. When a premises liability plaintiff sought to compel Claudia's notes, the court denied the motion because the communications were made for treatment purposes under explicit confidentiality assurances.
Put it into practice
Test Yourself
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Practice Essays4
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Study Supplements
Dictionaries
Manela v. Superior Court177 Cal. App. 4th 1139 (2009)
Common questions
Frequently Asked
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Does the psychotherapist-client privilege protect communications made during employer-mandated counseling?+
Yes. The privilege applies when a licensed social worker conducts sessions for diagnosis or treatment and provides assurances of confidentiality, even if the program is mandatory or department-sponsored. The therapeutic purpose and confidentiality expectation control.
Supporting sources
Does the privilege cover factual details shared during therapy sessions?+
Yes. The privilege protects the entire communication made in the course of diagnosis or treatment, including factual recitations that aid the therapist in exploring emotional responses or developing coping strategies. Courts do not carve out factual content when the overall exchange serves a therapeutic purpose.
Supporting sources
What happens when a subpoena seeks notes from a licensed social worker's treatment sessions?+
The court should quash the subpoena if the notes document confidential communications made for diagnosis or treatment. The privilege operates like the attorney-client privilege and blocks compelled disclosure regardless of the notes' potential evidentiary value in civil litigation.
Supporting sources
EvidencePrivileges and other policy exclusions · Physician/psychotherapist-patientUBEFoundational